Additional Responsibilities. This paragraph applies to all phases of Architect's work. (a) Architect shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Architect's work, including that performed by Architect's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work. (b) Architect shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute. (c) Architect's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project. (d) Architect shall be completely responsible for the safety of Architect's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employees. (e) Architect acknowledges that, due to the nature of architectural and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect assigns principal responsibility for services performed under this Agreement. Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect shall designate in writing a Project representative who shall have complete authority to bind Architect, and to whom Owner should address communications. (f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order in which Architect proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect will not be responsible for delays beyond his control. (g) Before undertaking any work which Architect considers beyond or in addition to the scope of work and services which Architect has contractually agreed to perform under the terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 6 contracts
Samples: Professional Services, Professional Services, Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion completion, and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports reports, and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions omissions, or other deficiencies in his work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope scope, and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss loss, or injury to ArchitectEngineer's employees.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C Schedule 3 - "Identification of Personnel, Subcontractors Subcontractors, and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant consultant, or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B Schedule 2 - "Fee Schedule".
Appears in 3 contracts
Samples: Master Contract for Mep Engineering Services, Master Contract for Mep Engineering Services, Engineering Services Agreement
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his the work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect and Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees employees, subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, subcontractors, and consultants and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectEngineer's employees, subcontractors, and consultants.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", ," attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion completion, and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions omissions, or other deficiencies in his the work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect and Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. C.R.S., or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope scope, and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees employees, subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, subcontractors, and consultants and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectEngineer's employees, subcontractors, and consultants.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", ," attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 2 contracts
Samples: Professional Services, Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his workwork in breach of applicable standards of care.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner to the extent caused by ArchitectEngineer's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the generally-accepted standard of care applicable to the type of engineering and architectural and construction management services provided, provided in effect at the time services are rendered and commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees in the execution of work under this Agreement, Agreement and shall provide all necessary safety equipment for said employees. Notwithstanding the foregoing, Engineer is not responsible for the health and shall hold harmless safety duties of others, including compliance with health or safety programs and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employeesprecautions.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 2 contracts
Samples: Professional Services, Professional Services
Additional Responsibilities. This paragraph applies to all phases of Architect's work.
(a) Architect shall be responsible for the professional quality, technical accuracy, timely completion completion, and coordination of all of Architect's work, including that performed by Architect's consultants, and including designs, Drawings, Specifications, reports reports, and other services, irrespective of Owner's approval or acquiescence in same. Architect shall, without additional compensation, correct or revise any errors, omissions omissions, or other deficiencies in his work.
(b) Architect shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) Architect's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope scope, and nature of the Project.
(d) Architect shall be completely responsible for the safety of Architect's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss loss, or injury to Architect's employees.
(e) Architect acknowledges that, due to the nature of architectural architectural, design, and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect assigns principal responsibility for services performed under this Agreement. Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel and consultants identified in Appendix C Schedule 3 - "Identification of Personnel, Subcontractors Subcontractors, and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant consultant, or assignment of principal responsibility, in which case Architect will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect shall designate in writing a Project representative who shall have complete authority to bind Architect, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order in which Architect proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect will not be responsible for delays beyond his control. The Schedule shall not be materially different than the Project Schedule attached hereto and labelled Schedule 4.
(g) Before undertaking any work which Architect considers beyond or in addition to the scope of work and services which Architect has contractually agreed to perform under the terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or additional work should be performed, and and
(iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for his direct costs and professional time at the rates set forth in Appendix B Schedule 2 - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his the work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect and Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees employees, subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, subcontractors, and consultants and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectEngineer's employees, subcontractors, and consultants.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", ," attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule.".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectConsultant's work.
(a) Architect Consultant shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectConsultant's work, including that performed by ArchitectConsultant's consultantsconsultants and subcontractors, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies caused by Consultant in his work.
(b) Architect Consultant shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectConsultant's negligent act or omission; except that Architect Consultant (and its professional subcontractors) hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute, whether now existing or hereafter enacted.
(c) ArchitectConsultant's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect Consultant shall be completely responsible for the safety of ArchitectConsultant's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectConsultant's employees.
(e) Architect Consultant acknowledges that, due to the nature of architectural engineering and related other professional services to be furnished hereunder and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Architect Consultant represents that Architect Consultant has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Consultant will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Consultant shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect Consultant shall designate in writing a Project representative who shall have complete authority to bind ArchitectConsultant, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Consultant shall submit to Owner for approval a schedule showing the order in which Architect Consultant proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Consultant will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Consultant considers beyond or in addition to the scope of work and services which Architect Consultant has contractually agreed to perform under the terms of this Agreement, Architect Consultant shall advise Owner in writing (i) that Architect Consultant considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Consultant shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Consultant shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his workwork in breach of applicable standards of care.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner to the extent caused by ArchitectEngineer's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural and construction management services provided, provided in effect at the time services are rendered and commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees in the execution of work under this Agreement, Agreement and shall provide all necessary safety equipment for said employees. Notwithstanding the foregoing, Engineer is not responsible for the health and shall hold harmless safety duties of others, including compliance with health or safety programs and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employeesprecautions.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his the work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect and Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees employees, subcontractors, and consultants in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, subcontractors, and consultants and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectEngineer's employees, subcontractors, and consultants.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", ," attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his its work, with dates on which he it will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his its control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his its direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectConsultant's work.
(a) Architect Consultant shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectConsultant's work, including that performed by Architect's sub- consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work.
(b) Architect Consultant shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectConsultant's negligent act or omission; except that Architect Consultant hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectConsultant's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect shall be completely responsible for the safety of Architect's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employees.
(e) Architect Consultant acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and sub-consultants to whom Architect Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Architect Consultant represents that Architect Consultant has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, sub-consultant or assignment of principal responsibility, in which case Architect Consultant will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Consultant shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect Consultant shall designate in writing a Project representative who shall have complete authority to bind ArchitectConsultant, and to whom Owner should address communications.
(fe) Promptly after execution of this Agreement and upon Agreement, receipt of authorization from Owner to proceed, Architect and initial Project meeting, Consultant shall submit to Owner for approval a schedule showing the order in which Architect Consultant proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Consultant will not be responsible for delays beyond his control.
(gf) Before undertaking any work which Architect Consultant considers beyond or in addition to the scope of work and services which Architect Consultant has contractually agreed to perform under the terms of this Agreement, Architect Consultant shall advise Owner in writing (i) that Architect Consultant considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Consultant shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Consultant shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".A.
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectEngineer's employees.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion completion, and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports reports, and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions omissions, or other deficiencies in his work.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectEngineer's negligent act or omission; except that Architect Engineer hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope scope, and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss loss, or injury to ArchitectEngineer's employees.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 ten (10) days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant consultant, or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table ’s timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Schedule 2 – “Fee Schedule"”, if any.
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of Architect's work.:
(a) Architect shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of Architect's work, including that performed by Architect's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work.
(b) Architect shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by Architect's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
. (c) Architect's professional responsibility shall comply with the standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope and nature of the Project.
(d) Architect shall be completely responsible for the safety of Architect's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employees.
(e) Architect acknowledges that, due to the nature of architectural and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect assigns principal responsibility for services performed under this Agreement. Consequently, Architect represents that Architect has selected and intends to employ or assign the key personnel and consultants identified in Appendix C - A – Proposal from F & D International, "Identification of Personnel, Subcontractors and Task Responsibility"Key Team Members” section, attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect shall designate in writing a Project representative who shall have complete authority to bind Architect, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect shall submit to Owner for approval a schedule showing the order in which Architect proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect considers beyond or in addition to the scope of work and services which Architect has contractually agreed to perform under the terms of this Agreement, Architect shall advise Owner in writing (i) that Architect considers the work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for his direct costs and professional time at the rates set forth in Appendix B A - Proposal from F & D International, "Fee Schedule"” section.
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectConsultant's work.
(a) Architect A. Consultant shall be responsible for the professional quality, technical accuracy, timely completion completion, and coordination of all of ArchitectConsultant's work, work including that performed by ArchitectConsultant's consultants, consultants and subcontractors and including designs, Drawings, Specifications, reports reports, and other services, irrespective of Owner's approval or acquiescence in same. Architect Consultant shall, without additional compensation, correct or revise any errors, omissions omissions, or other deficiencies caused by Consultant in his work.
(b) Architect B. Consultant shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectConsultant's negligent act or omission; except that Architect Consultant (and its professional subcontractors) hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute, whether now existing or hereafter enacted.
(c) ArchitectC. Consultant's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural services provided, provided commensurate with the size, scope scope, and nature of the Project.
(d) Architect D. Consultant shall be completely responsible for the safety of ArchitectConsultant's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss loss, or injury to ArchitectConsultant's employees.
(e) Architect E. Consultant acknowledges that, due to the nature of architectural and related professional services to be furnished hereunder, and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Architect Consultant represents that Architect Consultant has selected and intends to employ or assign the key personnel and consultants identified in Appendix C Schedule 3 - "Identification of Personnel, Subcontractors Subcontractors, and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant consultant, or assignment of principal responsibility, in which case Architect Consultant will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Consultant shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Consultant shall designate in writing a Project representative who shall have complete authority to bind Architect, Consultant and to whom Owner should address communications.
(f) F. Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Consultant shall submit to Owner for approval a schedule showing the order in which Architect Consultant proposes to accomplish his work, work with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Consultant will not be responsible for delays beyond his control.
(g) G. Before undertaking any work which Architect Consultant considers beyond or in addition to the scope of work and services which Architect Consultant has contractually agreed to perform under the terms of this Agreement, Architect Consultant shall advise Owner in writing (i) that Architect Consultant considers the work beyond the scope of this Agreement, (ii) the reasons the Architect believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect shall be compensated for his direct costs and professional time at the rates set forth in Appendix B - "Fee Schedule".,
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectConsultant's work.
(a) Architect Consultant shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectConsultant's work, including that performed by Architect's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his work.
(b) Architect Consultant shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner caused by ArchitectConsultant's negligent act or omission; except that Architect Consultant hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectConsultant's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural services provided, commensurate with the size, scope scope, location, and nature of the Project.
(d) Architect Consultant shall be completely responsible for the safety of ArchitectConsultant's employees in the execution of work under this Agreement, shall provide all necessary safety equipment for said employees, and shall hold harmless and indemnify and defend Owner from any and all claims, suits, loss or injury to ArchitectConsultant's employees.
(e) Architect Consultant acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Architect Consultant represents that Architect Consultant has selected and intends to employ or assign the key personnel and consultants identified in Appendix C Schedule 4 - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Consultant will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Consultant shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 five (5) days of execution of this Agreement, Architect Consultant shall designate in writing a Project representative who shall have complete authority to bind ArchitectConsultant, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Consultant shall submit to Owner for approval a schedule showing the order in which Architect Consultant proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Consultant will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Consultant considers beyond or in addition to the scope of work and services which Architect Consultant has contractually agreed to perform under the terms of this Agreement, Architect Consultant shall advise Owner in writing (i) that Architect Consultant considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Consultant shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Consultant shall be compensated for his direct costs and professional time at the rates set forth in Appendix B Schedule 2 - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
Additional Responsibilities. This paragraph applies to all phases of ArchitectEngineer's work.
(a) Architect Engineer shall be responsible for the professional quality, technical accuracy, timely completion and coordination of all of ArchitectEngineer's work, including that performed by ArchitectEngineer's consultants, and including designs, Drawings, Specifications, reports and other services, irrespective of Owner's approval or acquiescence in same. Architect Engineer shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in his workwork in breach of applicable standards of care.
(b) Architect Engineer shall be responsible, in accordance with applicable law, to Owner for all loss or damage to Owner to the extent caused by ArchitectEngineer's negligent act or omission; except that Architect hereby irrevocably waives and excuses Owner and its attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 00-00-000, C.R.S. or similar statute.
(c) ArchitectEngineer's professional responsibility shall comply with the generally accepted standard of care applicable to the type of engineering and architectural and construction management services provided, provided in effect at the time services are rendered and commensurate with the size, scope and nature of the Project.
(d) Architect Engineer shall be completely responsible for the safety of ArchitectEngineer's employees in the execution of work under this Agreement, Agreement and shall provide all necessary safety equipment for said employees. Notwithstanding the foregoing, Engineer is not responsible for the health and shall hold harmless safety duties of others, including compliance with health or safety programs and indemnify and defend Owner from any and all claims, suits, loss or injury to Architect's employeesprecautions.
(e) Architect Engineer acknowledges that, due to the nature of architectural engineering and related professional services and the impact of same on the Project, the Owner has a substantial interest in the personnel and consultants to whom Architect Engineer assigns principal responsibility for services performed under this Agreement. Consequently, Architect Engineer represents that Architect Engineer has selected and intends to employ or assign the key personnel and consultants identified in Appendix C Schedule 3 - "Identification of Personnel, Subcontractors and Task Responsibility", attached hereto for the Project assignments and areas of responsibility stated therein. Within 10 days of execution of this Agreement, Owner shall have the right to object in writing to employment on the Project of any such key person, consultant or assignment of principal responsibility, in which case Architect Engineer will employ alternate personnel for such function or reassign such responsibility to another to whom Owner has no reasonable objection. Thereafter, Architect Engineer shall not assign or reassign Project work to any person to whom Owner has reasonable objection. Within 5 days of execution of this Agreement, Architect Engineer shall designate in writing a Project representative who shall have complete authority to bind ArchitectEngineer, and to whom Owner should address communications.
(f) Promptly after execution of this Agreement and upon receipt of authorization from Owner to proceed, Architect Engineer shall submit to Owner for approval a schedule showing the order in which Architect Engineer proposes to accomplish his work, with dates on which he will commence and complete each major work item. The schedule shall provide for performance of the work in a timely manner so as to not delay Owner's time table timetable for achievement of interim tasks and final completion of Project work, provided however, the Architect Engineer will not be responsible for delays beyond his control.
(g) Before undertaking any work which Architect Engineer considers beyond or in addition to the scope of work and services which Architect Engineer has contractually agreed to perform under the terms of this Agreement, Architect Engineer shall advise Owner in writing (i) that Architect Engineer considers the work beyond the scope of this Agreement, (ii) the reasons the Architect Engineer believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Architect Engineer shall not proceed with such out of scope or additional work until authorized in writing by Owner. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Architect Engineer shall be compensated for his direct costs and professional time at the rates set forth in Appendix B Schedule 2 - "Fee Schedule".
Appears in 1 contract
Samples: Professional Services
